Title Information

Title Information

Land Records, Survey Plats, and Maps

Important: It is the responsibility of the purchaser to review recorded plats/maps, surveys, and plat notes for specific information on easements, building setbacks, or other restrictions that may affect any individual parcel prior to submitting a bid or application.

Parcels are legally defined by the survey monuments and recorded survey plats. Parcels are not defined by the location of trails, brushed areas, or by information on DNR's websites, or other maps.

Comprehensive parcel and area information can be found by researching various State and Federal websites or by contacting or visiting one of the DNR Public Information Centers. A valuable resource developed by DNR is: http://dnr.alaska.gov/landrecords

This site lists links to many DNR and BLM websites where you can find information such as recorded survey plats, Federal surveys, Federal master title plats, State status plats, recorded subdivision covenants, mapping/GIS applications, and casefile summaries.

Topographic maps may be purchased from the Map Office, Geophysical Institute, University of Alaska Fairbanks, 903 Koyukuk Drive, PO Box 757320, Fairbanks, Alaska 99775, (907) 474-5823; or from numerous other commercial sources. Full-size copies of the recorded survey plats are available at DNR Public Information Centers or appropriate DNR District Recorder's Offices. A nominal fee for the maps may apply. Find the appropriate DNR District Recorder's Office at: http://dnr.alaska.gov/ssd/recoff/

Easements, Reservations, & Restrictions

All parcels are subject to all platted and valid existing easements and reservations, such as rights-of-way, building setbacks, utility easements, pedestrian easements, roads, and trails. These easements and reservations may be shown graphically on the survey plat or may be listed in the 'Notes' section of the plat, which may be detailed on a page of the recorded documents separate from the map or plan. It is your responsibility to fully review the recorded survey or subdivision plat, any reservations represented in the Auction brochure, and any other items found in the recorded land records for a complete picture of the restrictions and conditions that may affect each individual parcel. It is also your responsibility to personally and thoroughly inspect the parcel prior to submitting a bid or application to purchase. Subdivision survey plats may be viewed at the nearest DNR Public Information Center or online at: http://dnr.alaska.gov/landrecords/

All State-owned lands bordering section lines have a reserved public access easement usually 33 or 50 feet in width along each side of the section line, unless the easement has been vacated or officially removed. Contact the appropriate DNR Public Information Center before constructing access, especially within surveyed or unsurveyed section-line easements.

All public access easements, including those along public or navigable water bodies, are reserved for public use. You may not obstruct public access easements or make them unusable by the public.

RS 2477

Revised Statute 2477 is a Federal law that granted states and territories unrestricted rights-of-way over Federal lands that had no existing reservations or private entries. Historic RS 2477 trails and/or roads may exist on State-owned land, and the transfer of State-owned land into private ownership does not extinguish pre-existing rights. Some rights-of-way could potentially be improved for access across or to communities or valuable State-owned resources and land. Some may not be used at all, or may be developed only as foot trails. Others will be used as they have been in the past. If in doubt whether there is an RS 2477 right-of-way to or across a parcel, check the public land records. More information regarding RS 2477 rights-of-way is available at any of the DNR Public Information Centers and online at: http://dnr.alaska.gov/mlw/trails/rs2477/

Tentatively Approved Lands

The State of Alaska may not yet have received final patent from the federal government for some of the land each offering. Such lands are designated as "tentatively approved". Title for parcels on tentatively approved land will be conditioned upon the State of Alaska receiving patent from the federal government.

In accordance with 11 AAC 67.015 Land Available, in addition to selling, leasing, or granting patented land, the division (DMLW) may conditionally sell, lease, or grant land that has been tentatively approved by the federal government for patent to the State, but that is not yet patented. A sale, lease, or grant on this conditional basis will be cancelled if the state is denied title to the land.

Based on the date of cancellation, a pro rata portion of money paid in advance to sell such land will be refunded, or may be applied to the sale of another parcel. The state has no further liability to the lessee, purchaser, or any third party for termination of the contract. The state is in no way liable for any damage that may be done to the land by the purchaser, lessee, or grantee, or liable for any claim of any third party or for any claim that may arise from ownership. If the state does receive title to the land, the conditional sale, lease, or grant then has the same effect as other sales, leases, or grants.

Ordinarily, there is little risk of loss of title associated with tentatively approved land, however, there may be practical problems including: (1) title insurance companies may not provide title insurance unless this contingency is "excepted" from coverage, and (2) banks may not loan money for construction on, or the purchase of tentatively approved lands.

Please see the "Tentatively Approved Lands" section of the brochure of interest for details.

Mineral Estate

In accordance with AS 38.05.125 Reservation of Mineral Rights to Alaska, the State of Alaska retains ownership of the mineral estate, including oil, gas, coal, ore, minerals, fissionable material, geothermal resources, and fossils that may be in or upon the land that it sells. The State of Alaska and its successors reserve the right to enter onto the land for the purposes of exploring, developing, and producing these reserved mineral resources. In Alaska, this access reservation is superior to any and all surface uses. The State of Alaska may also lease these interests to mineral developers or allow mining locations to be staked.

Where they have been established, mineral orders close an area to mineral entry, thereby closing the area to new exploration and development of locatable minerals such as gold, copper, platinum, etc. Area plan subsurface management policy states that, in general, areas scheduled for disposal will be closed to new mineral entry prior to sale to minimize potential conflict between surface and subsurface users. Such mineral orders do not apply to non-locatable minerals, including oil and gas leasing, coal leasing, shallow gas leasing, or exploration licensing for such, nor do they preclude reasonable surface access to these resources. However, AS 38.05.130 Damages and Posting of Bond stipulates that the surface owner will be compensated for damages resulting from exploration and development. Information on current activity is included in the "Notes" section of the area-specific data summaries. Contact one of the DNR Public Information Centers for more information.

Oil and Gas

As discussed in the Mineral Estate section, the State of Alaska retains ownership of the mineral estate of the land which it sells. DNR's Division of Oil and Gas may issue oil and gas leases or exploration licenses which include the rights to explore for or develop the oil and/or gas on and around current and former sale parcels. Exploration Licenses encourage exploration for oil and gas on state land in areas which do not have a history of successful oil or gas production. Oil and Gas Leases give the right to produce oil and gas within the boundaries of the lease. Both leases and exploration licenses cover large areas and are unlikely to significantly impact a purchaser of the land estate. However, as stated in the Mineral Estate section, the State of Alaska and its successors reserve the right to enter onto the land for purposes of exploring, developing, and producing any mineral resources. This access reservation is superior to any and all surface uses.